The Sun. — London, England, 1810-07-28 00:00:00

tlu defendant for driving his cart against the plain.. chaise, on the:Enfield road, , on the evening of the 2d of January last. The plaintiff is a livery-stable-keepet in town, 21c1 the defendant master of the Rose and Crown pThlic-house at Tottenham-cross. The brother-in law of the pWntitf, his wife; and another person, were returning from . Enfield in the evening above mentioned, when they were met by the defendant, driving by himself in a taxed-cart ; and coming fn..' rio rsly along the wrong side of the road, he ran foul of the plaintiff's chaise, by which it, was thrown over, the horse thrown. down, and his knees and shoulder 'cut: The defendant's carriage, by the vi olenee. of the shock,. was thrown on the bank on . the opposite side of the road, and turned over, but sustained nninjury. Several witnesses were called, who proved these facts, and that the damage received by the horse, and..eilaie amounted to 22i. 128. ; for which sum -the Jury foun.clia verdict tor the plaintiff. INSTITUTION FOR THE ENCOURAGEMENT OF LITERATURE. PARNTHER GAITSKELL. •. • Mr. PARKE stated that this was an action brought to recover ,801. under the following circumstances:-- , Thedetendant was a proprietor of the " Institution fir the encouragement of Literature." It was in corporated by Act of ParliaMent: The defendant wished to dispose of his shire, and employed a man of the name of Savage, a clerk to the Ins; itution, to dispose of it for him, and kit with him the usual recommendation, as.directed by the laws of the In stitution, leaving a blank,( or the name at the pur chaser. The plaintiff wishing to become a proprie tor, spoke to, Mr. Kitig, a friend of his, to look Out for asShare - ror him ; he applied to Savage, who up .the blank in the recommendation with the plaintiff's name; and he paid hiin 801. The form of the recommendation was, viz. " I having dis posed of my share in - the London Institution for the :enconiagemvnt of - Literature, .1 beg leave to re .commend - , place.... (Signed) " Diteaed to therAlwmigers of the Institution. Savage became a-defaulter and absconded from the service of the In'slitiltion,. Lind Abe present ac tionas brought to recover tram the defendant the 8o1::pa:d to Savage;-as the plaintiff had never been elected. Lard t,I.F.NBoitotYGL: could not see that the re commendation gave Savage an authority to sell; he was only .111,! common depositary for both parties; for, it 7 ttpt, was never elected ; which did not depend ou .the will of the defendant, he could not be e , titled to r,''celve the iy:rchnse-rooney ; he had . obj.ctibo to Mu I - Acts - being put iu a Case•lor the con,ideratioa of •the other Judges. Verdict fur the defetidant. 7 -Subject to a case. JULY 2,7• MEDINA AND CO V. STOCKDALE. Mr. • PARKS stated'thisti, be 'an ktionier the reco very- of 5241. 175. 6d.'nn a Bill - Of Exchange. This. was 'an age of wofiders,' 'the Learned Gentleman said, and aniong'other. vtiooer7, the defendant in this action chose to haVe an utikkft.lided cause tried before a Special Jury, Observii.g• the Attorney=• General and Mr. Gairo s w, - who were for the oe. fendant, looking. at One lino; her with vacant counte nances, they no` knOwipg what was meant by -tins . being "an und, , , - tended c:iuse," Mr. Parke., in con-. tinuation. - stated, tat it was a c31.13 e without a de fence. "Mr..Stodtchle, a btiokseller in Pall- lall, was the, ostensible defendant, but Sii - lthichard,Plid-' lips it was that was the real ;iefend,it for he it was that wished . the pres6nt case to go before ,a July: On th. - defendant being required to pay the. Eli when it became (Mr, he _wroie to the plaintiffs, telling them, that the delay wits owing to certain failures and transaEtionS . with the hone of Bloxam and from whom the plaintiffs had received the MI, and so soon a's he (Mr. So could pay the Bill with propriety, - he would do it with pleasure, and stated that lie waited -for information from Sir Richar . d The ATTORNEY-GENERAL stated that the defence was, that Blexant and Co:had at. the .time, when they paid the bill in question to the pLiin tiffs, .com mitted an ai".:t of bankraimey, aoisequently that the bill was, at the tinier ? ) tieiou,so paid away, thepro perty of the assignees. The defendant resisted the. payment of the bill, because be tbotOit that under • such circumstances he milit.be called on by the as z sign .. eeS to Blokarn aiid Co.'s Conunitsion. On . callipg the witnesses win), it - Was said, were to , prove that the act rif bankruPtcy h a q.b eet: co i n , tiiitteci-previouS: to the paying .of • the bill to the none of them answered. Lord'Et,t-Essokottit .cbseive - d, t hat he was afraid Mr. Siockdale tniht " pay the with pro- Priety," 2s he could nth hN perple:ced by doubts. If 'the properlV Were prei.ed to be"that of the as- , . sign es of Bloxanyand Co. an action it ix - ever could be triaintai;:e:i. The Jury 01" en rcturiied a verdic;.; for the prailitlfi for 5391. being•the'Olatint of bill ;URI interest. • ATTORNEY-GENERALTite obierving that the jury Nyere,,p3riicularty an.xiotni not to take:more Clan the 1 !oi Intere iihre%4 (It)/ t)tser, e looking i owai cis the Jury, '" I am very gla4 to see so atmous : 'a care not to take more ihan . s per cent, interest !". OSGOOD U. .GIidANING. This was an aelion front the court of Chancery, to try If.'heth.2r the plaintiff should- no: feeeit'e'sonie coopen , aation for the treight: et_ goods from Charleg ion. . Mr: SCAR LETT opened the case on -the part of the defendant: His . statement was long and tedious ; but the substance of it was, that th , i - i;intiff tookot board his ship,. the Neptune, then at . .CharleSton„ goods under charter, to deliver them at Jiamburgh, Amsterdam, or' Rotterdam, to whichever it might be found "possible to proceed with safety, but to Bambini), if possible. On the ;6tii September, 1807, the plaintiff sailed; and on the i I t h November . following, while : nbt far front England, he'-tirst heard of the British Orders in Council, which had . been , issued on'the Ist of the same month: The' Decrees of the _enemy against Corinnerce, and' the Orders in Council were then in force, ,and it. was scarcely' possible to obey one without infringing. the Other. The Captain, about "that tiute, received a SHIP Ntir..S. • ‘ORAVisaND, JULY 26. Arrived—the Hamerson, Silver; from -Oporto. Sailed—the Providence, Rarclay, for Itio Janeiro ; Charles' Taylor, 'for New -York ; Wats9n, for ; t the Ann, Patrick, and Catherine, Davis, tor Quebec. BIRTHS. ..- • . - On. Wednesday last, the L a dy o f Ch ar l es Fuller, Esq . .. of Philberds, gerks, of a Son. . . Last Iveek, at flaveriordvKW, the „Lady of , Sir -. 7 , Kyan, of a Daughter, MCI It - I? LE 1) . _.,_ .._..—. -On the loth inst. at Swi: don, Wilts (under•sana.lon off the High Ciniet orClialii:ery); the Rev. Ceo . rge Garlick. f' ' l'ainswick, to Miss Smith, daughter of. thelate John Srn itit ' Lsq. of the same place. . • r risl On Tnes6c , ,.-at Hiiniton, Mr. C.arpenter, Tanner, 4 . --',,.. • . I Budleigh, to Miss - Mary Lou, of Huniton, niece to ilia l'' - gallant Captain IVestcott, of the ROyal Na4y. '' • ' ' r the On , Thursday 14st, at Battersea, Mr. T.. Turner, 0 , - • Haymarket, to i'vli,,.; Fotvnes, of l'oohr-House, liattersel• the same day, at Lit z i cto: ., the's'eat of Thomas \V°` l(l :, Esq. the Rev. P e ter- AVooti„ c -s. NI, Dome s ti c , hv , lain his Royal High ness t h e D u k e of C tatence, t.. Misi' , Fairi c ' ,,' ' daughter 61 t. e lat.: E: Penricz, Esq. 'of Droitwich, iti." l ‘ 4 ' cestershire. • Yesterday_, at St. Margaret's', 'Westminster, the 'Rev' '- Sackett, too Miss Gray, of PillOicu.: This morning, at the. Palish Church of St. Pancr'. George lkher, late of York-itteet,Si:ulptor, to'Miss l ,16. "! us Kentish !'own. Willtant Hoev, <;f: the %Vicklow Militia, ei!'`, o , soil at Get;ri:,e B. Hoey. Esq. qf the County of Miss ,z,.,cher, e ld est .'da.ughter of Dr. Atelier - of Kii,Pc— „ rtreet, • A 1 KJ:le:Ames, -rig of the Rev. Philip. Barry, o. iimory, Esq. of,Waketieici, Captain in His Niajo t, f 75th 19:gin - tent or . [',got,, to Miss Margaret Barry,,,,, anighter tft the [Ae harry, , Esq '• • . A few. days ag. t o.. :It St. . lames's -Church, Bury St., Ft., muilds, Stith:ilk; Mr. Thomas Bailey, Silversmith. of d, it, to Ann Whiting, Slster to Mrs. Burroughs, - .1).11%1.). • On the loth inst, !)odor Cuthbert Cordon, brother to ti' a late (;,.;urge Cordon. or - Leith. )11 Friday the 2oth inSt. at Tiekhill Castle, in the C('l"'itte of York, - atter a long and painf u l ill ness , H arr i ett , toe 'of the Hon. Frederic Lumley, in the 4151 year oilier On Saturday last, at his lodgings, in Ex e ter. at the•e 3 ' ' age of 39, Lottu4olway ItLnd, of 'the Royal Navy'and late Caliunn of. His Niajestv's' - thip' Africa. of On Nlonday,. at Tiverton, Captain George Andrews, the Royal Navy. . La On . thurA..iy last, at Hastings; atter a l ong and '1 i 1 h....i5, Jr.N. John i)ownes, of Dyer's-buildings, tiolborn. irr Yesterday morning, :;t the house of -his son-in-law' 111 t. Thomas Ashington, late of Si " trey Causeway, in-his 73i1 year. • I' I? U • YISTS tiank Stnck, 266 268 263 I Navy'per Ct. 99 to o 99 4 per Cent. Es 3 'pet Cent. Red. 70 69 I 3 Fe: Cons. 69f b 63 . .! I. Ann. 18 9 - 1 LONIN... , 'N: Printed by RICHARD HARRIS, or No. 4. Marti:tr.:oust, Bow-streer ; and Pc blisnen by w I LLIA M A RMI G R SCRIPPS, South Moiton.street; C;r,p venor square. At the Stni.OFFlcs, No. I 12, Straud„wheFe Advertisements, Orders tot the Paper, Letters for ,the Editor, &c. (post-paid), must be. addressed. ► letter from ite Agents to the defendant, desiring the, former, in Liindon, to arrange as toTthe-best .mode of proceeding. 'The Captain left• his ship at the Nore, and when arrived in. town, he received a circular letter from the A m eric an Consul, resident in London, desiring him by up means to prosecute his . Vosage, as it Would be attended with iturnitient danger •to the safety of the . property: and ship, owing to the Decrees of France, and to the state of the then - Belligerem Powers. The AgentS proposed 'that the Captain shoidd-proceed iojtotrerdam, but be conceiving that place tube quite.out of the consequently refused. To avoid the effeCts of the Older in COuncif, the CaPtain- entered his cargo at the Cosibni-house i but on. the:2:id• at N(ivernier, when the goods weie unliraded, there was an injunction laid on them, . :This lock- place after the Captain liaS been dirthed by the 'Agent to 'proceed to Tonningen. The ,Learned Counsel , contended, that, under all the circumstances, it was impassible fur the Captain to proseCule his vc.vage., without throwing bituself into the jaws 0; . ;linger, and'submitted, that he ought to receive for his dar e and 'freightage pro-laia The ATTORNEY-GENERAL, on the.part of th e de. feqdant, 'Maintained that the (\setter never at tempted to get possession of the L goi l ds . t di the plain tiff-had landed them, and that.was.fer the i , urpose of preventing him from making use of the - tango to pay his freight, and to prevent the g,oods-from.roi ting and spoiling by remaining in vtirelionses. The injunction had been obtained (ruin the -Chancellor, with a speciii ; L: clause, that the ddiv , ..ry.of the goods to t ht. defendant or his agent was-to be (wide'. ith out any prejudice to the claims of the-plaintiff; if be should recover .aught for his freight, Lord F,I-LriNBOROUGH observed to the. (special) Jury, .that no claim,for freight -c•uld 1-te maint;4ned on a charter-party, except. it were fulfilled: , That was law, and decisive of the point, so far ask went.. The next thing to be considered .was,„theclaim, tOr cotnpensation.i That relied °lra comma. either ac tually made or implied; and by law there was no contra& either dived or implied, consequently the plaintiff - could not maintain his,aoioo, ;. The Jtiry returned a vottitit fur the defendant. 1 COURT OF .COMMON, PLEAS, IULY MACNAMAR'A,V. PARitY. • This was an a&iou bro ug h t for -t he recovery of 2401. an. arrear-ot rintdoe by defenda!it to.plaintitr, .14 appeared that plaintitl is owner '01: Movies ' Inn, Holhorn,,and delendani, an at tbr'ney,' .rented a house- from Lady-day; 1800,, add. also col lected the rents of the at her eriabis' for Mr-Aldetia 7 mara: The rent was 'pt.tictuaily- -paid for several years, but fdr •some tittle' past the payrn nt. becarn so irregular, - that plaintiff, on the h'• of August, 3605, caused defendant to tikt served . wit h a nor ice td • vacaie the premises, and, in . eel thereof, to pay •an increased alendant not having thought fit to give op•the house, the rent was raised from 601. to 801. per annum. The i drfear of the ori ginal rent, and also or th e i ncrease d re,,t,, amounting to 2401. was the subje6t of the present action. Ver diet fur plaintiff to the full arutinnt.. • . Mr. • Justice LA7l(escF.,--", It is very evident frotpthe letter of the, Ist of April, that Oft* Was determined; if 'Possible, to have the eonirati . fully perf6rrn,d. The agreenient should 11ave b e en pvrforinecl,bqond d'oubt, on the Altindiiy, alter the 22d of July. Had tin indigo been sent clown at that tinie; plainritf ni.glit have nude a considerable protil by -disposing of it at the inete , seapriee,"" Verdict for the plaintiff 8/. Bs. being a, rise of on'thequantity corn, dated for. SALMON V. STAFV4oItD. This was an action brought to recover 2501. the 'price of totty-six and a EILIII Auariers of I.xirn, longing to pl which was alleged to ha% e been lost to Vie Itivergliatnes:, in consequriee of a col= Tier; of wnicit toe d4enciant,is owner, having rim foul ot, an4 . 'stitil, the baige. in ),t hich tl.e plaintiff had 'shipped i be 1 . 3 other aaions pending, the decision of thh. Mr..Serie.ant SHEPH ER o:stated, that, in the moatli of December last, the barge, laden ss , itir grain, ar:- conifmnied-py a large fleet of vessels, was beating 'op,the River, 'with a told' wind ; she was neces sarily obliged to sad upon tacks ; abbot half past eight at night, the moon then shining, the persons on board her observed a collier, .the property. o f t h e defendant coining on the starboard tack ; the barge was at that time on the larboard tack : they were then in a place called Sea Reach, about a mile from Candy Island; the persons on-board the barge-im mediately' hailed the collier, and desired them to Ir-ep their reach, or cuff,' as is customary for the starboard vessel to do, when she meets with a ship o!), the larboard tack ; they ; had fill time to have ,kept their tuff': instead of• , doing which they bore away, and ran tool of thr starboard bob- of the birge. -The crew got on board,the brig, and regnested the ma‘ter to. tow them into shoal water ; be, however., 'fearful of damage to, hiS own ship, cet away the Topes•by which,the vessels were entangled, and the barge. immediately'stnik. The Lear I:ed Ser)ean, !or the purpose of. elucidaring the case, .eNbibited a model tat the t wo vessels. , . • This statement was Substantiated by the persons who were on board the barge when she s u n k. Barbe, a .younger brother • the Trinity .House, s aredi that it .was , the -general custom of the .Raver, two vessels were navigating, one on the' iarbnard, ,and. the .other on the starooard tack,. tor that on .the larboard tack to bear up ; but not iu ,all ; -for instance, where, ships cinoot, avoid each okher on- contrary tacks.' that upon the larboard should give way to the other.. It was contended, on 'the oti,-er side, that the error lay' entirely with the-. barge : the collier, .it was stated, did keep her reach; and had the b . gd continued .on her .course, .no -daniage could have occurred ; but being fearful' of ruantni.. foul 'of a vessel. to wind ~ :ard.-of them, they sucTqc-q4 hove round, came down before the Ntind, and tell tout of the aithough the Captain lLtiled • apptsst'd them of their:danger. &vend witnesses were called in support of this statetnent ; they all - agreed that , nothing but. I lie grossest ignorance of,seainanship in those aboard the ..barge could have occasioned the accident. . _ Air. Justice LA W CE observed, that the case rested entirely on the impre,sion which the state ments mane by tiie witnesses on each side were cal culated to produce. The two accounts, though ma nifestly contradictory, were positively sworn to. It iemained -with the Jury to decide between them.. The icturnel it verdic,t. for •plaintili-2501. damages. PrrIAELg accompl;shed and lovely haS ... beenmarried about t W ti! o ye" only ; but 11'061 the very first rno:iths •of her..ill assorti;d-union, .she 'found treated by 11 ,1. littQL;and,wit tk:a neglgencil' bordering 'on' 'contempt. . fjkapppitifed'ln the e.xpr(iiii,itkn it l her 4;:t, ffivv for or rather, for dissipation, toillig-Ht"): of publie , atuusetnents-, .itc tie midst of . mhicit's!!'. acquired the tnelancitolv c:Alainty h:.l - itifi.;klty niegiets.t. -Uoforton.v e ly, at t hi; time when. her test..twilit:l;l at-the .diseovery„W,SS its heiglit-when teinaie and iLidigndijoo cci" - ellier breast with undisputed'sway—at that criti cal moment,. in Apr:l last, - 5 - Iniiitatly getrfletnan introduced to leer aen!mintance. joined.to a :e' 'inatkable-hand.tom e person, .the most elegant cyan" . ners - and • insitinaung aitdress ; in !--;1)&i, he deeply versed , in those. winning arts 'which ensnale ,the female heart.. T .* hat pt Mrs. -.l, ..Urasb;ut /00. - well disposed to receive the fatal impression, .3114 the desire of • retenge, 'p -thaps, accelerated her defeat. A fortnight' had nar::Ty elapstd When the guilty parties met on a vis:t ,at a relation's of Mrs . . *** in the . cfninfry. • Till then they had a6ted witit h prudence and a discretion which had excnidcd even suspicion. But' what can evade the piercing eye of jealousy,i7 .The Captain, Alto is,a wan a great gallantry, had it seems paid his addresses ?is! to' the young lady of the house, but had lately continued then): Thisjadies young or old seldOe) forgive. The Captain was by her narnwly watch. ed the whole of the evening, and Miss.conclucl:-4 from those mysteriouslriOes which dre so impront in love, that Mrs. *** wa. her favobred rival in the Captain's affections. -Eager for . revenge, she h3rdly waited for the departure.ot the.comi , any todisclose her suspicions .to, the family, presence of IV.11!; *** who, coaceiving'thaf she was - 110 W discQvered, and that her guilt was - likely-to b , ..cotne public, (!e -termined to be tilt-fist- who should reveal it to her husband. In conseqUence, she came into towii the, next mot - nil - to, and sent off a rtieSsen 4 er to him at -- with a ref ter in the fi flowit4; term's"•:.--: its you must soon be intbrined,ot the injuryl have dtina you, I choose rather to confess my crime than to give any ons an opportunity of exaggeratim; my guilt, or insulting ) 00 • Nor will I seek in your condukft for an ex co ,,, t lily o wn, but , retain, even in this state of and con snadow of that dignity which once made ttie deseryine of your el:lrvin. I can easily for e s ee the conseiquences :f 'this discovery, ,"14 % therefore b e g,' as th e last lav o nr y.,ta can. grlnt me, that , may he permitted to see my poor helpless child, for 1 hove ever loved it - v,ith tho teridereStalleaion -Oh , ye innoccia babe! shoUld Providence ple4se to .prolong your (lays I"' :emany 'years to come," how w;hl ev.,r bear to hear na;ne of her Wil0i .. :11I1111$t at the histant she grite you hiftt'; niaile.you heir to shim,: and dishonour tyho will ii.iw temd your youthrtil Who will teach you to s l ut , t h e en chanting snares otvice, when she whom nature made you r guard, has deserted you ?-But ; Sir, to your care I co:lnnen': t yoUr innocent babe. i conjure von,, by rite lose you oace bore its unfortunate' mother. that it friay - not sutler tar Atf guilt; but find ith you both parent's in one For my s elf ask no pity; though I should 'wish for yi,ur forgiveness. 6th lune " . , Mr. *** received this hitter with perfetll rfan' chtilance, nor did he retort) her any ansAer. ditierende on the occasion being reported to the fair penitent, has thrown her into a state of wind bil l 6 short of distradion, nor durst she, in her agonized feelings, apply for protection to hitn, for.,whose sake she now 'suffers -this' disgrace. ~This case i : likely soon to be - brought before a C ou rt 0` Justice. • The follol ing extraordinary incident is stated in s country paper ;-- 7 " O n 0,0 .; oth 'inst. as is (.3 01142 : man of Scarh or ou g h and a party of friends welt ' fishing for pike, they hooked, and suCceedcd in 56 ' curing, a pike of the enormous weight of ;Nibs. to which were found four , fullgrown wild ducks, of .which were, ' IA ith the-pike, .dressed for the table' TOMLINS 71, DESCHANT. This was an action to recover damages for breach Of contract: The defendant, a rnerchant, - _,wrote to' the plain. litl, a drysaher at Manchester, on the ' 29th of June, informing him, that after the East India (..otnpany.'is saies were -closed, - he shOuld haVe a , quantity of. indigo to &pose of, and should he hap-' py to receive plaintill's orders;, - He ilio s'ent ,dOwn _ ~ . • - 11.111 - Iber of samples, and plaintiff agiced to' par..- BOITSFIELD, V. : LONG. chase three cheSis, of.t.i.vb hunched weight e This was an action to recover : damazes. for a•t res - a..:(1, at . the rate, of 41.. per:. pond. Defendant, by lettr, pant.. ' The defendant is a Sheriffs Officer, and h av i n g, thanked planff for his order,- and iniortned him - that ili article should b e s e nt immediately. Tiro a writ, for 10,5001. against a person of th e name of Eastman,. he went tn. the• house of the, pl a i nt i f f , a indigo not arrMng, plaint;fF wrote to . de idant 'on avrehant,. At Camberwell, whd - was o n te r ms o f tnt! subj,:ct, .t ho ttansinitn,-d an ans\V- . 6r, dited July greAt. intimacy with Eastmen, for- th e . pi trpo -, e o f [..-.2, in which -he - alleged that . his - absence - in ' .the exe9ating the writ, if the latter. wer e i n plaintiff 'S the, indigo shoul country on business, had cau s ed tl - ie d e l a y , b•Jt 'I hat house. • at finding hinr-there on 'hi s first vis i t ; t ie should be sent by one of Pick fo: d's vva , - N went a sectdud tinie, t acconipanieJ by a person of t h e gnus On the fol!o w i n o- M on d a y. - -it, however,' i t' id name of• Johnson, and 'a MT. .Nibbs, w L a i 'h a d sue d never been sent ; and the •Oric•- - - of indign ha, ;1 , in . " out the Writ against Eastman. H,, vio g• e n tere d- t h e creased considerably, .planitiff sought to'rtCoverda-. bouse r he ran up stairs, and meeting the' pfaintiff, tinges . for tbeJois-h e had . snstanied - by the non-per- forma lice. '• • to this d a second time ? adding, that he w o n d s h ove hi m Mr. Wilkie, a de a ler i n indigo, 'was called. to "down stairs • ufendant ansvvered, that " he prove th e rise that h a d ta k en p l ace oli t h at al t i de. would knock plaitnitf 's bl-'-cly eye s out : he then He stated tha t ictligo h a d gra d ua ll y a d vance d s in ce ran ',lp . mairs in search of Eastman, • who IN iiS • not in July. last, 70 or 80 p er ce n t . I n A tvgust, a - r i se of the house, and -even entered : the room where • plain about four-pence p e r p oun d dia compaay's sales. - took place' on the I tt ' tiff'S witti was in bed. For 'thi s trespass, damages '•'' ~ •• ' . Mr. Sergeant LENS co n te n ded, that do-Oat-61)134:5t weresought.to be obtained. Two wiI,tiCS•XS, servants of -Plaintiff, were called having been made by th e vl a i t i t iff t or a F o n g t i me af to prove his case. It appe a re.i il i :- it L as! man , h a d ter- the.transattion had -taken place, it must be 'con. slept once, and dined twice, at th!e•bouse'iof pl a i n : sidered -as -a waver of the c-niract: ' The 'ha ,',.a s , that mr. Deschaucs affairs 11,.1 beeotne..endArrass,:d; tiff, during the week .in w,hich Long called: be It 'was contended by Mr. Saje a ni V AUGHAN, that and the plaintiff ing dtssatisfced with the eonducl nominal da;:!ages were Sntlic ien t i n t i s k ca S e . It of ti:e. - rtu,stee , uuder v. hose management theV . were placed; -derv-named to bring bis , action ; the (Li. . could not be denied, even Iturn the sum:meta of plaintiff 's - witneSses, that deiendan't had sufficient mages resulting fr o m v .-14 h, added to a d e b t a l refidy ground to suspect that -M r . Eastman was in plain due by defendlii to plaintiff, Wohla enable him to sue rpo.a cotuniissiortof•• bankruptcy, :;lif - 1 - give him tiffs.di.ouse.. • • - •• . ,• . .-, an .opportunity of ex,o , ,fittio b alt th e proccf ,di ng , c , t ? : Verutei 5 plaintiff—Damages .51.-- • - the Tru-tee. (Mr. Lens having read a leiter 11'0'4 4 ' There was a second action, Ppin , field /..'. Nihbi, p i,,,,, ! i c x to defeuihrit., dote) April I, 1810, demlud ,, in ‘i hich a %-erclict of 40s:damages we., • entered for ing .the performance of the contract ; - or, iii lieu P L'iti"ti. of it,-a i suin.equivalent to the, profit which tie in;ght have made by the sale of the itiko, at an advanced pril:; I hit:aft:M.llg, hi case of - non -compliance, t ()bring an„,,a-1 ion i and st a ti n g t ha t t h e da mages w hi ch he ntl acipaled in that event, joined to a' lormtr debt, would enable Iniu to sue out a Conintission of 13auk ropicy, au i bins aford zuvopporttniity of inspec! the proceedingti of Mr. Jones Prior, defendane4 Tiustee).- :The ,Learnecl Serjeant further contended,' that it wOuld beyery unfair to permit plaintiff to insist on•nis e.ittract .it any i line he please:A:. he had made no applicatuin ,ontii• lie s lw the murk, t had gteatly risen, aoditlien he came : forward to tkur,ir-ict datuazes. He should leave pointed out the tune at -winch he expected the cootra4-to be fil!fi'fc.' ; :Ind it certainly :was a fair inference, that a,- i ' ,_. , i ifirirf had per . mitted•the matter to .remaiii sfa I:.:ii ~. 6,1 April last, he the!) inteMed to wave ti.. corm:it-A. Norminal da;.. mages,,under these circutdstatices %%ere all the case would warrant. • Ratty , on Saturday' morning,. sinoketi';ls: obsprved . by Some'o f the nriAbbciurs troth ti.. hOu-se 01 •John Cinuera, in' Kiinbui'gh. torOng open the door, Ins wife wa: ftund lying ne uiy [dries:: on the flour, \vitt' her Clothes in fla;nes, bait her.bus; band was'ilslorp in on niory apartm-in, along with . his Child. :Froin the situation ih which the body was found, and 'he c:rtnnistanee of . the deceased and 'her husband not having lived on good t e rms, susp;.;on arose that 1;e had, ueen accessary to her, death. I.le Was 'imritt diatAv secuiedand lodged in An inspection of the body '‘t as made by three medic:ll Gentlemen, in consequence of a warrant from' the ; in the course of which, we un derstand, no marks of %iolence were discovered;. the body and -extremities were cot ered with numerun c s .and extensive blisters; the' whole belly was much scorched, and in one gait so much destroyed as to be seduced to - a, perk& cinder.—lt is supposed that. the clothes had caught - fire from a candle,,,' as a candlestick was found under the body. The clothes coDsucurd. '• Two brokers were•called - to prove that he rise in the price of indigo, iii July .and August t.vas nut ~o great as stated by the iit-it.wituts,.• t• .3 1 OCKS tIA Y. Stocx, 'SO 18.5 India Bonds; 225. z3s. E 4s. 7s. P f ' Omnium, i dis. imperial 3 per Cent. 4 ,Cans: tbr Au,gust o 69i u) r i; F h d , J:1 t re,: %‘•\